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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA

SALMAN YAHYA HASSANMOHAMMED RABEII,

et al.

))))

Petitioners, ))

v. ))

GEORGE W. BUSH, )President of the United States, et al., )

Respondents. ))

Civil Action No. 04-CV-1254 (HHK)

DECLARATION OF JAMES R. CRISFIELD JR.

Pursuant to 28 U.S.C. § 1746, I, Commander James R. Crisfield Jr., Judge Advocate

General’s Corps, United States Navy, hereby state that to the best of my knowledge, information

and belief, the following is true, accurate and correct:

1. I am the Legal Advisor to the Combatant Status Review Tribunals. In that

capacity I am the principal legal advisor to the Director, Combatant Status Review Tribunals, and

provide advice to Tribunals on legal, evidentiary, procedural, and other matters. I also review the

record of proceedings in each Tribunal for legal sufficiency in accordance with standards

prescribed in the Combatant Status Review Tribunal establishment order and implementing

directive.

2. I hereby certify that the documents attached hereto constitute a true and accurate

copy of the portions of the record of proceedings before the Combatant Status Review Tribunal

related to petitioner Salman Yahya Hassan Mohammed Rabeii that are suitable for public release.

The portions of the record that am classified or considered law enforcement sensitive are not

2527

attached hereto. I have redacted any information that would personally identify certain U.S.

Government personnel in order to protect the personal security of those individuals. I have also

redacted internee serial numbers because certain combinations of internee serial numbers with

other information become classified under applicable classification guidance.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: ~ ~-~0--"}-(~c~

2528

Department of DefenseDirector, Combatant Status Review Tribunals

FOR OFFICIAL USE ONLY3 October 2004

From: Director, Combatant Status Review Tribanal

Subj: REVIEW OF CO1V£BATANT STATUS REVIEW TRIBUNAL FORDETAINEE ISN #~

Ref: (a) Deputy Secretary of Defense Order of 7 July 2004(b~ Secretary of the Navy Order of 29 July 2004

1. I concur ~ the decision of the Combatant Slams Review Tribunal that Detainee ISN Qmeets the criteria for desi~maation as an Enemy Combatant, in accordance with references (a) and

2. This case is now considered final, attd the detainee will be scheduled for an AdmJ.aistrafiveReview Board.

J. M. McGAR_RAHRADM, CEC, USN

Distribution:NSC (Mr. Jolm BelISager)DoS (Ambassador Prosper)DASD-DAJCSSOUTttCOM (COS)COMJTFOTMOOARDEC ffwd)CITF Ft Belvoir

FOR OFFICLAL USE ONLY

2529

UNCLASSIFIED

2 Oct 04

From: Legal AdvisorTo: Director, Combatant Status Review Tribunal

Subj: LEGAL SUFFICIENCY REVIEW OF COMBATANT STATUS REVIEW TRIBUNAL FORDETAINEE ISN # ~

Ref: (a) Deputy Secretary of Defense Order of 7 July 2004(b) Secretary of the Navy Implementation Directive of 29 July 2004

Enci: (1) Appointing Order for Tribunal #6 of 13 September 2004(2) Record of Tribunal Proceedings

1. A legal sufficiency review has been completed on the subject Combatant Status Review Tribunal inaccordance with references (a) and (b). After reviewing the record of the Tribunal, I ~Snd that:

m The detainee was properly notified of the Tribunal process and voluntarily elected not toparticipate in the Tribunal proceedings..At the Tribunal, the detainee’s Personal Representativemade an unswom statement on the detainee’s behalf and at his request.

b. The Tribunal was properly convened and constituted by enclosure (1).

c. The Tribunal complied with the provisions of references (a) and (b). Note that information in exhibits R-3 and R-4 was redacted. The FBI properly certified in exhibit R-2that the redacted information would not support a determination that the detainee is not anenemy combatant.

d. The detainee made no requests for Mtnesses or other evidence.

e. Th Tribunal s decmlonthat detainee #t~is classified combatantas an enemyWas unallmlous.

f. The dgtainee’s Personal Representative was given the opportunity to review the record ofproceedings and declined to submit comments to the Tribunal.

2. The proceedings and decision of the Tribunal are legally sufficient and no corrective action isrequired.

3. I recommend that the decision of the Trip__be

CDR, JAGC, USN

considered final.

UNCLASSIFIED

2530

From: Director, Combatant Status Review Tribunals

Department of DefenseDirector, Combatant Status Keview Tribunals

13 Sep 04

Subj: APPOINTMENT OF COMBATANT STATUS REVIEW TRIBUNAL #6

Ref: (a) Convening Authority Appointment Letter of 9 July 2004

By the authority given to me in reference (a), a Combatant Status Review Tribunalestablished by "Implementation of Combataut Status Review Tribunal Procedures forEnemy Combatants Detained at Guantanamo Bay Naval Base, Cuba" dated 29 July 2004is hereby convened. It shall hear such cases as shall be brought before it without furtheraction of refen’al or otherwise.

The following commissioned officers shall serve as members of the Tribunal:

Colonel, U.S. Army; President

~ Commander, SAC.d2, U.S. Navy;, M~nbcr (SAG)

U.S, Marine. Corp~;Member

L M. McGARRAHPear AdmiralCivil Engineer CorpsUnited States Naval Reserve

2531

HEADQUARTERS, OARDEC FORWARDGUANTANAMO BAY, CUBA

APO AE 09360

MEMORANDUM FOR DIRECTOR, CSRT 29 September 2004

FROM: OARDEC FORWARD Commander

SUBJECT: CSRT Record of Proceedings ICO ISN#~

1. Pursuant to Enclosure (1), paragraph (1)(5) of hnplementation of Combatant Status ReviewTribunal Procedures for Enemy Combatants Detained at Guantanamo Bay Naval Base, Cubadated 29 July 2004, I am forwarding the Combatant Stares Review Tribunal Decision Report forthe above mentioned ISN for review and action.

2. If there are any questions regarding this package, point of contact on this matter is theundersigned at DSN 660-3088.

DAVID L. TAYLORColonel, USAF

2532

SECRET/~OFORN//X1

(U) Combatant Status Review Tribunal Decision Report Cover Sheet

(U) This Document is UNCLASSIFIED Upon Removal of Enclosures (2) and

(U) TRIBUNAL PANEL:

(U) ISN#:

Ref: (a) (U) Convening Order for Tribunal #6 of 13 September 2004 (U)(b) (U) CSRT Implementation Directive of 29 July 2004 (U)(c) (U) DEPSECDEF Memo of 7 July 2004 (U)

Encl: (1) (U) Unclassified Summary of Basis For Tribunal Decision (U)(2) (U) Classified Summary of Basis for Tribunal Decision (S/NF)(3) (U) Statement of Detainee through Personal Representative (U/FOUO)(4)CO) Copies of Documentary Evidence Presented (S/NF)(5) (U) Personal Representative’s Record Review (U)

1. (U) This Tribunal was convened by references (a) and (b) to make a determination to whether the detainee meets the criteria to be designated as an enemy combatant asdefined in reference (c).

2. (U) On 25 September 2004, the Tribunal determined, by a preponderance of thegis properly designated as an enemy combatant as defined inevidence,thatDetainee

reference (c).

3. (U) In particular, the Tribunal finds that this detainee is a member of, or affiliatedwith, A1 Qaida forces, as more fully discussed in the enclosures.

4. (U) Enclosure (1) provides an unclassified account of the basis for the Tribunal’sdecision. A detailed account of the evidence considered by the Tribunal and its findingsof fact are contained in enclosures (1) and (2).

U.S. ArmyTribunal President

DERV FM: Multiple Sources SECRET//NOFORN//X1DECLASS: XI

2533

LrNCLASSI~IED//FOUO

UNCLASSIFIED SUMMARY OF BASIS FOR TRIBUNAL

DECISION

(Enclosure (1) to Combatant Status Review Tribunal Decision Report)

TRIBUNAL PANEL:ISN #= __.~__.

#6

1. Introduction

As the Combatant Status Review Tribunal (CSRT) Decision Report indicates, theTribunal has determined that this detainee is properly classified as an enemy combatantand was part of A1 Qaida forces. In reaching its conclusions, the Tribunal consideredboth classified and unclassified information. The following is an account of theunclassified evidence considered by the Tribunal and other pertinent information.Classified evidence considered by the Tribunal is discussed in Enclosure (2) to the CSRTDecision Report.

2. Synops~ofProceedings

The Tribunal held this hearing on 25 September 2004. The Recorder presented Er&ibitsR-1 and R-2 during the unclassified portion of the Tribunal. The primary exhibit, theUnclassified Summary of Evidence (Exhibit R-I), indicates that the detainee: voluntarilytraveled from Sanaa, Yemen, to Afghanistan; attended the A1 Farouq training camp inAugust 2001; was captured with other members of.his training squad from the A1 Farouqtraining camp; and, advised that he should be considered a threat to the United States.The Recorder called no witnesses.

The detainee chose not to attend the Tribunal as reflected in the Detainee Election Form(Exhibit D-A); however, he did ask the Personal Representative to tell the Tribunal thatnothing in the Unclassified Summary of Evidence is true.

During the classified session of the Tribunal, the Recorder presented Exhibits R-3through R-18. The Personal Representative presented no classified evidence. Both theRecorder and the Personal Representative commented on the classified exhibits.

3. Evidence Considered by the Tribunal

The Tribunal considered the following evidence in reaching its conclusions:

a. Exhibits: R-1 throughR-18 andD-A.

b. Testimony of the following persons: None.

UNCLASSIFIED//FOUO ISN~Enclosure (1)

Page 1 of 32534

UNCLASSIFIED//FOUO

c. Unswom Statement of the detainee (through the Personat Representative):

See Enclosure (3) to the CSRT Decision Report.

4. Rulings by the Tribunal on Detainee Requests for Evidence or Witnesses

The Detainee requested no witnesses.

The Detainee requested no additional evidence be produced.

5. Discussion of Unclassified Evidence

The recorder offered Exhibits R-1 and R-2 into evidence during the unclassified portionof the proceeding. Exhibit R-1 is the Unclassified Summary of Evidence. While thissummary is helpful in that it provides a broad outline of what the Tribunal can expect tosee, it is not persuasive in that it provides cunclusory statements without supportingunclassified evidence. Exhibit R-2, the FBI redaction certification, provided no usableevidence. Because there was no other unclassified evidence for the Tribunal to considerother than the Personal Representative’s denials of the assertions on the UnclassifiedSummary of Evidence on behalf of the detainee (see Enclosure (3) to the CSRT DecisionReport), the Tribunal had to look to the classified exhibits to support the assertions on theUnclassified Summary of Evidence and the Tribunal’s conclusions. A discussion of theclassified evidence is found in Enclosure (2) to the Combatant Stares Review TribunalDecision Report.

6. Consultations with the CSRT Legal Advisor

No issues arose during the course of this hearing that required consultation withthe CSRT legal advisor.

7. Conclusions of the Tribunal

Upon careful review of all the evidence presented in this matter, the Tribunal makes thefollowing determinations:

a. The detainee chose not to participate in the Tribunal proceeding. No evidencewas produced that caused the Tribunal to question whether the detainee was mentally andphysically capable of participating in the proceeding, had he wanted to do so.Accordingly, no medical or mental health evaluation was requested or deemed necessary.

b. The Personal Representative informed the Tribunal that the detaineeunderstood the Tribunal process, but chose not to participate, as indicated in Exhibit D-A.

c. The detainee is properly classified as an enemy combatant because he was partof At Qaida forces.

UNCLASSIFIED//FOUO ISNmEnclosure (I)

Page 2 of 32535

UNCLASSIFI~D//FOUO

8. Dissenting Tribunal Member’s report

None. The Tribunal reached a unanimous decision.

Respectfully submitted,

Colonel, U.S. ArmyTribunal President

I~CLASSIFIED//FOUOEnclosure (1)

Page 3 of 32536

UNCLASSIFIED//FOUO

SUMMARIZED STATEMENT BY PERSONAL REPRESENTATIVE ONBEHALF OF THE DETAINEE

Although the detainee elected not to participate in the Tribunal process, as indicatedon the Detainee Election Form (Exhibit D-A), he asked his Personal Representativeto verbally provide information to the Tribunal. The information addresses eachpoint on the Unclassified Summary of Evidence in order. To put the comments intocontext, the points from the Unclassified Summary of Evidence are provided belowin itali~. The following summarizes the Personal Representative’s presentation ofthe detainee’s information.

3.a. The detainee was associated with A! Qaida.

1. Deta#Tee voluntarily traveled fivm Sanaa, Yemen to Afghanistan.

Personal Representative: It is not tree. I am not associated with A1 Qaida.

2. Detainee.attended the Al Farouq training camp in August 2001.

Personal Representative: This i~ not true. I never attended any traJNng at the AI Farouqtraining camp in August. I was in Afghanistan, but not at that training camp.

3.b. The detah~ee participated in militaty operations against the coalition.

1. Detainee was captured with other members of his training squad from the AIFarouq training camp.

Personal Representative: This is not tree. I surrendered myself in Jalalabad,Afghanistan. I was alone. I went to the Afghani authorities because I wanted to go backto Yemen and I wanted their help in doing so. I was not with any member of any kind oftraining squad from A1 Farouq.

2. If released, detainee advised that he should be considered a threat to theUnited States.

Personal Representative: This is absolutely false. It is outrageous. I never said such athing as I would harm or threaten the United States.

Tribunal President: Personal Representative, do you have any other evidence to presentto ~s Tribunal on behalf of the detainee?

Personal Representative: No, Ma’am.

UNCLASSIFIED/~OUO

Enclosure (3)Page 1 of 3

2537

UNCLASSIFIED/~OUO

Tribunal Member: I have a question for the Recorder. I noted when you read allegation3(b), you said, "The detainee was captured in the Tora Bora region with other membersof his training squad from the A1Farouq training camp."

Recorder: Yes, Sir.

Tribunal Member #1: My copy and the other Tribunal Members’ copies of theUnclassified Summary do not have "in the Tora Bora Region."

Tribunal Member #2: Correct. Also in 3(a)(1), "August 2001" was mentioned, but don’t have "August 2001," as well.

Tribunal Member #1: I just want to make sure what the detainee saw is what we havehere.

Recorder: Sir, to clarify, I’d like to say 3(a)(1) says, "Detainee voluntarily traveled Yemen to Afghanistan."

Tribunal Member: Okay.

Recorder: 3(a)(2) says, "The detainee traveled from Al Farouq training camp in August2001."

Tribunal President: Hold on. Our copies read 3(a)(2), ’"the detainee attended the Farouq training camp in August 2001."

Recorder: That is correct Ma’am. I was in error.

Tribunal President: Okay.

Recorder: 3(b)(1), "The detainee was captured with other members of his training squadfrom the A1 Farouq training camp." 3(b)(2), "If released, the detainee advised he shouldbe considered a threat to the Umted States.

Tribunal Member: Personal Representative, is that what you and the detainee saw, too?

Personal Representative: Yes, Sir.

Tribunal President: The detainee responded to each one of those allegations?

Personal RepreSentative: That is what I read. Yes, Ma’am.

Tribunal President: All unclassified evidence having been provided to this Tribunal, thisconcludes this Tribunal session.

~SN ~Enclosure (3)

Page 2of3

UNCLASSIFIED/~OUO2538

UNCLASSIFIED//FOUO

AUTHENTICATION

I certify the material contained in this transcript is a true and accurate summary of thetestimony given during the proceedings.

U.S, ArmyTribunal President

UNCLASS1FIED//FOUO

~SN ~Enclosure (3)

Page 3 of 3

2539

ISN#: ~

Personal Representative:(Name/Ranl0

Translator Required? YES

DETAINEE ELECTION FORM

Date: 24 SEP 04

Start Time: 1030

End Time: 1115

’ LCDR, USN

Language? ARABIC

CSRT Procedure Read to Detainee or Written Copy Read by Detainee? yes

Detainee Election:

[] Wants to Participate in Tribunal

[] Affirmatively Declines to Participate in Tribunal

[] Uncooperative or Unresponsive

Personal Representative Comments:

Does not wish to attend tribunal. Has asked to allow PR to read i~om session notes on the

detainees behalf regarding each of the items noted in the Summary of Evidence.

Exhibit2540

UNCLASSIFIED

Combatant Status Review Board

TO: Personal Representative

FROM: OIC, CSRT (8 September 2004)

Subject: Summary of Evidence for Combatant Status Review Tribunal - RABEII, Salman YahyaHassan Mohammed

1. Under the provisions of the Secretary oft~e Navy Memorandum, dated 29 July 2004,Implementation of Combatant Status Review Tribunal Procedures for Enemy CombatantsDetained at Cntantanamo Bay Naval Base Cuba, a Tribunal has been appointed to review thedetainee’s designation as an enemy combatant.

2. An enemy combatant has been defined as "an individual who was part of or supporting theTaliban or al Qaida forces, or associated forces that are engaged in hostilities against the UnitedStates or its coalition partners. This includes any person who committed a belligerent act or hasdirectly supported hostilities in aid of enemy armed forces."

3. The United States Government has previously determined that the detainee is an enemycombatant. This determination is based on information possessed by the United States thatindicates you are a member or associate of al-Qaida forces.

a. The detainee was associated with al-Qaida.

1. Detainee voluntarily ~raveled from Sanaa, Yemen to Afghanistin.

2. Detainee attended the A1 Farouq training camp in August 2001.

b. The detainee participated in military operations against the coalition.

1. Detainee was captured with other members of his training squad from the A1 Farouqtraining camp.

2. If released, detainee advised that he should be considered a threat to the United States.

4. The detainee has the opportunity to contest his designation as an enemy combatant. TheTribunal will endeavor to arrange for the presence of any reasonably available witnesses orevidence that the detainee desires to call or introduce to prove that he is not an enemy combatant.The Tribunal President will determine the reasonable availability of evidence or witnesses.

L~CLASSIFIED 2541

Memorandum

To

Subject

Department of Defense DateOffice of Administrative Reviewfor Detained Enemy CombatantsCol. David Taylor, OIC, CSRT

FBI GTMOCounterterrorism DivisionOSC

REQURST FOR REDACTION OFNATIONAL SECURITY INFORMATION

Pursuant to the Secretary of the Navy Order of 29 July2004, Implementation of Combatant Review Tribunal Procedures forEnemy Combatants Detained at Guantanamo Bay Naval Base, Cuba,Section D, paragraph 2, the FBI requests redaction of theinformation herein marked I. The FBI makes this request on thebasis that said information relates to the national security ofthe United States ~. Inappropriate dissemination of saidinformation could damage the national security of the UnitedStates and compromise ongoing FBI investigations.

CERTIFICATION THAT REDACTED INFORMATION DOES NOT SUPPORT ADETERMINATION THAT THE DETAINEE IS NOT AN ENEMY COMBATANT

The FBI certifies the aforementioned redaction containsno information that would support a determination that thedetainee is not an enemy combatant.

The following documents relative to ISNredacted by the FBI and provided to the OARDEC:

have been

FD-302 dated 05/26/2002FD-302 dated 08/19/2002

IRedactions are blackened out on the OARDEC provided FBIdocument.

~See Executive Order 12958

2542

Memorandum from to Col.Re: REQUEST FOR-~-EDACTION, 09/0932004

David Taylor

If you need additional assistanceScene Commander

91ease contact On

-2-

2543

UNCLASSIFIED//FOUO

Personal Representative Review of the Record of Proceedings

I acknowledge that on 27 September 2004 1 was provided the opportunity to review therecord of proceedings for the Combatant Status Review Tribunal involving ISN #~

~I have no comments.

__ My comments are attached.

Date

UNCLASSIFIED//FOUO

~SN ~Enclosure (5)

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